25 Proven DUI Defense Strategies

When facing a DUI charge in Illinois, the expertise of a seasoned DUI attorney can make all the difference. Here are 24 defense strategies that have led to successful outcomes in court, showcasing the depth of experience and legal acumen that can be leveraged in your case.

Unlawful Vehicle Stop

Every traffic stop must be backed by reasonable suspicion. I secured a dismissal in a high BAC case in Cook County by demonstrating through in-squad video evidence that no traffic laws were breached.

Disregarding Anonymous Tips

An anonymous report of impaired driving alone isn't sufficient for a vehicle stop. I've had cases dismissed where the anonymous tips lacked credibility, safeguarding my clients' rights.

Absence of Probable Cause

Arrests must be based on concrete evidence. My advocacy led to a dismissal in Cook County when my client was wrongfully arrested despite passing field sobriety tests.

Invalid Roadblocks

Legality of roadblocks depends on strict adherence to protocols. I won a case for a commercial driver where the roadblock was improperly implemented.

Questioning Proof of Driving

Conviction requires proof beyond a mere admission of driving. I've achieved a not guilty verdict in a case where the prosecution couldn't corroborate my client's admission with evidence.

Challenging Field Sobriety Test Validity

The accuracy of standard field sobriety tests can be legally contested, especially when administered under less than ideal conditions. This strategy has led to numerous victories across Chicagoland.

Non-Standardized Field Sobriety Tests

Only three field sobriety tests are NHTSA-recognized. I've beaten cases where the prosecution relied on invalid tests like the alphabet test and other non-standardized methods.

Improper Administration of Field Sobriety Tests

I've won cases by proving that field sobriety tests were improperly conducted, leading to the suppression of supposedly damning evidence.

Unsuitable Conditions for Field Sobriety Tests

I've demonstrated how unfavorable conditions, such as bad weather or poor lighting, can invalidate test results, resulting in not guilty verdicts.

Drug Recognition Certification

I've won DUI drug cases by contesting the qualifications of officers posing as drug experts without proper certification.

Bad Weather as a Defense

I've argued successfully that inclement weather, not impairment, contributed to a traffic accident, resulting in not guilty verdicts.

Post-Driving Alcohol Consumption

Proving that alcohol was consumed after driving but before police arrival has led to dismissals, as the state couldn't prove impairment at the time of driving.

Breath Test Inaccuracy

Breathalyzer results aren't infallible. By highlighting the margin of error in these devices, I've had cases dismissed, questioning the accuracy of the BAC readings.

Impact of Interfering Substances

I've obtained not guilty verdicts by showing how substances like cough drops or asthma inhalers can skew breath test results.

Utilizing In-Squad Video Evidence

Discrepancies between an officer's testimony and video evidence can be critical. This approach has led to dismissals in cases managed by the Illinois State Police.

Right to Speedy Trial

Delays beyond the statutory period can violate due process rights, leading to dismissals. I've leveraged this in cases with high BAC levels and serious accidents.

Police Blood Test Errors

Flaws in blood testing procedures can result in inadmissible evidence. This was key in winning a case involving a severe accident and a flawed blood test.

Hospital Blood Test Overestimation

I've had DUI charges dismissed by proving that hospital blood tests can overstate alcohol levels significantly.

Expired Breath Test Operator License

I've overturned convictions by showing that the operator's license had expired at the time of testing, rendering the results invalid.

Medical Conditions Affecting Sobriety Tests

Health issues can mimic signs of impairment. By proving such medical conditions, I've secured not guilty verdicts, including for clients with diabetes.

Inconsistencies in Police Testimony

 I've achieved dismissals when officers provided contradictory statements about the administration and results of sobriety tests.

Prosecution's Failure to List Witnesses

Excluding key witnesses from discovery can prevent their testimony, leading to not guilty verdicts in high BAC cases.

Contradictory Testimony from State Witnesses

In a case with a double legal limit BAC and an accident, I obtained a not guilty verdict due to conflicting witness accounts.

Leveraging Officer Disciplinary Records

Previous disciplinary actions against officers can undermine their credibility, which I've used to secure dismissals in several cases.

andy@sotirolaw.com
(708)-350-6685
2021 Midwest Rd. Suite 200, Oak Brook, IL 60523
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